

Q
Attorney specializing in military cases, my son has become involved in a sentry assault case.
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Hello, attorney specializing in military cases. I am leaving this message because my son is being investigated on a charge of assaulting a sentry during his military service. We ourselves are still not sure of the exact situation, but it seems he assaulted a sentry.... What exactly is assault of a sentry, and what is the level of punishment for it? I am so worried about my son that I cannot even sleep...
Assault of a sentry
Attorney specializing in military cases
Answer to Related Inquiry
Author: 박동일
Hello. This is an attorney specializing in military cases at Daeryun Law LLC.
I can imagine how alarmed and worried you must be to learn that your son has become involved in a sentry assault case.
Assault of a sentry refers to a case in which assault or intimidation is inflicted on a soldier performing guard duty in the military, that is, a sentry.
Because a sentry, who is responsible for the security and order of the military, plays a very important role, such conduct is punished much more heavily than ordinary assault.
Under the Military Criminal Act, assault of a sentry is divided into wartime situations (in the face of the enemy) and peacetime situations, and the level of punishment differs accordingly.
In the case of being in the face of the enemy, imprisonment for not more than 7 years may be imposed, and even in peacetime, imprisonment for not more than 5 years may be imposed.
In particular, unlike assault under the general Criminal Act, assault of a sentry cannot escape punishment even if a settlement is reached with the victim.
Therefore, it is more important than anything else to carefully examine the exact circumstances of the case and the applicability of the law through a consultation with an attorney specializing in military cases.
Because military criminal procedure has distinctive features unlike ordinary criminal cases, it is best to obtain the assistance of an attorney specializing in military cases.

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